Contravene DVO — Breach of Protection Order — Fixed Fee
$4,800 — Fixed Fee
Contravene domestic violence order — Cairns Magistrates Court plea — $4,800 fixed Covers : review of the charge and full prosecution brief, assessment of the knowledge and service elements, advice on the penalty range, sentencing submissions, and full court appearance. No hidden fees. One invoice. Additional mentions before the sentencing hearing are $950 each. All fees +10% GST.
What Is Included
Initial consultation to review your charge, the prosecution brief, and the conditions of the domestic violence order you are alleged to have breached Assessment of whether the prosecution can prove knowledge — that you knew the order existed and knew its conditions. This is the most commonly contested element in section 177 prosecutions Review of the evidence — witness statements, text messages,…
What You Are Facing
Under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld) , it is a criminal offence to contravene a condition of a domestic violence order. This is one of the highest-volume criminal charges in the Cairns Magistrates Court. The offence is not about the underlying relationship or the original DVO application — it is specifically about breaching one or more conditions of the…
The Knowledge Defence
The knowledge requirement is the single most important element in a section 177 prosecution. The prosecution must prove that you knew the domestic violence order existed and knew its conditions. This is not a presumption — it must be established by evidence. The most common ways the prosecution proves knowledge are: Personal service — the order was served on you in person by a police officer and…
What Changes the Outcome
The type of breach. A single non-threatening contact in a moment of poor judgement is at the lower end. A location breach or violence-involving breach is at the upper end. The court distinguishes clearly between categories. Whether the aggrieved initiated contact. This does not give you a defence — the order binds you, not the aggrieved. If the aggrieved contacts you and you respond, you are still…
What Sacha Focuses On
Every contravention matter starts with two questions: can the prosecution prove knowledge, and what type of breach is alleged? The service documentation is reviewed first. If there is a genuine issue with proof of service — the order was made ex parte, service was by post to an old address, the acknowledgement is missing from the brief — that changes the entire trajectory of the matter. For plea…
FREQUENTLY ASKED QUESTIONS
What if the protected person contacted me first? It does not matter. The domestic violence order binds you, not the aggrieved. If the aggrieved initiates contact and you respond, you are in breach of the order. The aggrieved cannot waive the order. The correct course of action is to not respond and to contact a lawyer about varying the order if both parties want contact to resume. Can I be…